LPA 581/2019

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$~19.

*

IN THE HIGH COURT OF DELHI AT NEW DELHI

+

Date of Decision: 09.09.2021

%

LPA 581/2019

DEEPANSHU BHADORIYA & ORS

..... Appellants

Through:

Mr. Nidhesh Gupta, Senior Advocate

with

Mr.

Mrigank

Prabhakar,

Advocate.

Mr. Prashant Mehta & Ms. Divita

Vyas, Advocates for appellant No.5.

versus

MEDICAL COUNCIL OF INDIA & ORS

..... Respondents

Through:

Mr. T. Singhdev, Ms. Michelle B.

Das,

Mr.

Abhijit

Chakravarty,

Ms.Sumangla Swami and Mr. Bhanu

Gulati, Advocates for respondent

No.1.

Mr.

Sunny

Choudhary

&

Mr.Abhimanyu Singh, Advocates for

respondent No. 2 & 3/ the State of

Madhya Pradesh.

Mr. Nishit Agrawal & Mr. Harsh

Mishra, Advocates and Dr. D.K.

Satpati

(representative

of

the

respondent), for respondent No.4.

Mr. Rakesh Kumar, CGSC, for

respondent No.5/ Union of India.

CORAM:

HON'BLE MR. JUSTICE VIPIN SANGHI

HON'BLE MR. JUSTICE JASMEET SINGH

2021:DHC:2799-DB

LPA 581/2019

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VIPIN SANGHI, J. (ORAL)

C.M. Nos.14820/2021 & 15797/2021

1.

Exemptions allowed, subject to all just exceptions.

2.

The applications stand disposed of.

LPA 581/2019 and C.M. Nos.40061/2019, 14730/2021 & 15796/2021

3.

We have heard submissions of learned senior counsel for the

appellants, as well as learned counsel for the Medical Council of India

(MCI); State of MP, and the respondent Medical College/ university, and we

proceed to decide the present appeal.

4.

This appeal is directed against the judgement dated 07.08.2019 passed

by the learned Single Judge in W.P. (C) 10933/2018 titled Deepanshu

Bhadhoria and Ors. Vs. Medical Council of Indiaand Ors. The said

petition had been preferred by the appellants herein. The learned Single

Judge, vide impugned judgement, did not find merit in the petition, and the

same was dismissed.

5.

We would refer to the appellants, as petitioners, in the present

judgement.

6.

The petitioners participated in the NEET conducted by the CBSE for

admission to the under-graduate medical courses in the year 2016. The

Constitution Bench of the Supreme Court vide its judgement rendered on

02.05.2016 in Modern Dental College & Research Centre & Ors. Vs State

of Madhya Pradesh & Ors., (2016) 7 SCC 353, held that admissions to all

Government and Private Medical Colleges in the county would be held

2021:DHC:2799-DB

LPA 581/2019

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through the centralized counselling system on the basis of the result of the

NEET examination. The petitioners were eligible and qualified to

participate in the centralized counselling conducted by the respondent State

Government, i.e. the State of Madhya Pradesh, for admissions to under-

graduate medical courses in the said State. The respondent Medical College

i.e. the L.N. Medical College Hospital and Research Centre, Bhopal is also

one of the Medical Colleges, wherein admissions for the Academic Year

2016-17 had to be made through the centralized counselling. The

centralized counselling was to be conducted by the Department of Medical

Education (DME).

7.

It appears that despite the aforesaid judgement, admissions were being

made contrary to the said decision by the Medical Colleges, through private

counselling. The Supreme Court took note of the same, and vide order dated

22.09.2016 – while dealing with the Contempt Petition titled “State of

Madhya Pradesh Vs. Jainarayan Chaouksey and Ors.”, (2016) 9 SCC 412

held as follows :-

“

We, therefore, direct that admission to all medical seats shall

be conducted by centralised counselling only by the state

Government and none else.

If any counselling has been done by any College or

University and any admission to any medical seat has been

given so far, such admission shall stand cancelled forthwith

and admission shall be given only as per centralised

counselling done by the State Government.

2021:DHC:2799-DB

LPA 581/2019

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afresh and assures that it would be completed by 30^t